Priracnik Draft 2

8/18/2019 Priracnik Draft 2

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Introduction: evidence-based advocacy as a strategic approach to

advocacy for gender equality in the EU accession process

This manual provide basic understanding and key information about role, guidance for the contexts andmanner in which gender equality issues can be advocated within the EU accession process, taking into

consideration the principles, policies and strategic approaches of the European Union in promoting

gender equality. The manual provide effective ways in which civil organizations may contribute with

information on the progress in different areas that are relevant for promoting women’s human rights

and gender equality

The strategic approach to advocacy of the accession process is the model of evidence-based advocacy .

Advocacy is about making changes to policy and practice that will improve the lives of thepopulation/constituency you are advocating for. Generally, advocacy is active support of a cause, idea or

a policy – a set of organized (planned) activities designed to influence the policies and actions of others

to achieve positive changes. What advocacy does? Advocacy usually offers credible positive alternatives.

Advocacy aims to change specific policies affecting people, create political space. It is directed at those

who have the power to influence others’ lives: the goal is institutional change. Advocacy requires clear

goals and measurable objectives. Advocacy is a long-term process rather than a one-off event, and is not

an end in itself. It is a part of your work. Advocacy is based on evidence from your work and experience

Evidence-based advocacy is a process based on data and information. Needs are assessed with a view to

advocating for improving current efforts as well as identifying gaps. The process integrates otherwise

independent data from different sectors: research, policy, action groups, clinicians, practitioners etc.,

into an analysis to inform advocacy. Evidence-based Advocacy is defined as the continuous and adaptive

process of gathering, organizing and formulating information and data into an effective argument, which

is then communicated to policy-makers through various interpersonal and mass media communication

channels. Through advocacy, we seek to influence policymakers, political and social leaders, to create an

enabling policy and legislative environment. Evidence and Data Sound information and data (evidence)

ensure that your advocacy and policy demands: Are realistic and representative; Provide evidence about

the problem, likely impact of change, feasibility of possible solutions, and who is responsible to make

change; Accurately represent needs, priorities and interests of your constituencies; and Enhance your

credibility and professionalism.


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1. The requirements for joining the EUThe requirements for joining the EU have been spelled out with increasing precision over the course of

its evolution, to provide clarity for its own citizens and guidance to countries wishing to join. The Article

49 of the Treaty on European Union, states that any European country may apply for membership if it

respects the principles of liberty, democracy, respect for human rights and fundamental freedoms, and

the rule of law. A country can only become a member if it fulfils all criteria for accession as first defined

by the European Council in Copenhagen in 1993.

These criteria are:

1. Political: stable institutions guaranteeing democracy, the rule of law, human rights andrespect for and protection of minorities.

2. Economic: a functioning market economy and the capacity to cope with competition

and market forces in the EU.3. The capacity to take on the obligations of membership, including adherence to the

objectives of political, economic and monetary union.4. Adoption of the entire body of European legislation and its effective implementation

through appropriate administrative and judicial structures. In addition, the EU must beable to integrate new members, so it reserves the right to decide when it is ready toaccept them.

1.1. The process of joining the EUThe process of joining the EU (accession) broadly consists of 3 stages:

1. When a country is ready it becomes an official candidate for membership – but this doesnot necessarily mean that formal negotiations have been opened.

2. The candidate moves on to formal membership negotiations, a process that involves theadoption of established EU law, preparations to be in a position to properly apply andenforce it and implementation of judicial, administrative, economic and other reformsnecessary for the country to meet the conditions for joining, known as accessioncriteria.

3. When the negotiations and accompanying reforms have been completed to thesatisfaction of both sides, the country can join the EU.

When a country applies to join the EU, the Member States’ governments, represented in the Council,

decide – after receiving an opinion from the Commission – whether or not to accept the application and

recognize the country as a candidate. Similarly, the Member States themselves decide when and on

what terms to open and to close accession negotiations with candidates on each policy area. And it is

the Member States who decide when accession negotiations are satisfactorily completed. The draft

Accession Treaty has to be agreed upon and signed by every Member State and the candidate


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concerned before the latter becomes an acceding country. It then has to be ratified by each Member

State and the acceding country according to their own constitutionally established procedures. The

European Parliament, whose members are elected directly by the EU’s citizens, also has to give its

consent.

The EU enlargement policy ensures a well-managed accession process, so that enlargement brings

benefits simultaneously to the EU and to the countries joining. Candidates have to demonstrate that

they will be able to fully play their part as members – something that requires wide support among their

citizens, as well as political and technical compliance wi th the EU’s standards and norms. Throughout

the process, from application to accession, the EU operates comprehensive stage-by-stage approval

procedures. A country that wishes to join the EU submits an application for membership to the Council,

where the governments of all the EU Member States are represented. The Council asks the Commission

to assess the applicant’s ability to meet the conditions for membership. If the Commission delivers a

positive opinion, and the Council unanimously agrees on a negotiating mandate, negotiations are

formally opened between the candidate and all the Member States. To help the countries prepare for

future membership, a pre-accession strategy is designed. Key elements of this strategy include

agreements that set out rights and obligations (like the Stabilisation and Association Agreements in the

case of the Western Balkan countries), as well as special cooperation mechanisms like Accession or

European Partnerships, setting out concrete reform objectives to be achieved by the candidates and

potential candidates. EU financial assistance is another important aspect of pre-accession strategies.

It is important to underline that the term “negotiation” can be misleading. Accession negotiations focus

on the conditions and timing of the candidate's adoption, implementation and enforcement of all

current EU rules (the "acquis"). These rules are divided into 35 different policy fields (chapters), such as

transport, energy, environment, etc., each of which is negotiated separately. They are not negotiable:

candidates essentially agree on how and when to adopt and implement them. The EU obtains

guarantees on the date and effectiveness of each candidate's measures to do this. Other issues

discussed: financial arrangements – such as how much the new member is likely to pay into and receive

from the EU budget (in the form of transfers) transitional arrangements – sometimes certain rules are

phased in gradually, to give the new member or existing members time to adapt.

The Commission monitors the candidate's progress in applying EU legislation and meeting its other

commitments, including any benchmark requirements. This gives the candidate additional guidance as it

assumes the responsibilities of membership, as well as an assurance to current members that the


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candidate is meeting the conditions for joining. The Commission also keeps the EU Council and

European Parliament informed throughout the process, through regular reports, strategy papers, and

clarifications on conditions for further progress.

1.2. Membership negotiationsMembership negotiations cannot start until all EU governments agree, in the form of a unanimous

decision by the EU Council, on a framework or mandate for negotiations with the candidate country.

Negotiations take place between ministers and ambassadors of the EU governments and the candidate

country in what is called an intergovernmental conference.

Negotiations under each chapter are based on the following elements:

1. Screening – the Commission carries out a detailed examination, together with thecandidate country, of each policy field (chapter), to determine how well the country isprepared. The findings by chapter are presented by the Commission to the MemberStates in the form of a screening report. The conclusion of this report is arecommendation of the Commission to either open negotiations directly or to requirethat certain conditions – opening benchmarks - should first be met.

2. Negotiating positions – before negotiations can start, the candidate country mustsubmit its position and the EU must adopt a common position. For most chapters the EUwill set closing benchmarks in this position which need to be met by the CandidateCountry before negotiations in the policy field concerned can be closed. Forchapter 23 and 24, the Commission is proposing that in the future these chapters wouldbe opened on the basis of action plans, with interim benchmarks to be met based on

their implementation before closing benchmarks are set.The pace of the negotiations then depends on the speed of reform and alignment with EU laws in each

country. The duration of negotiations can vary – starting at the same time as another country is no

guarantee of finishing at the same time.

1.3. Concluding the negotiations1. Closing the chapters

No negotiations on any individual chapter are closed until every EU government issatisfied with the candidate's progress in that policy field, as analysed by the

Commission. And the whole negotiation process is only concluded definitively onceevery chapter has been closed.

2. Accession treatyThis is the document that cements the country's membership of the EU. It contains thedetailed terms and conditions of membership, all transitional arrangements anddeadlines, as well as details of financial arrangements and any safeguard clauses.


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It is not final and binding until it: wins the support of the EU Council, the Commission, and the European

Parliament; is signed by the candidate country and representatives of all existing EU countries;

is ratified by the candidate country and every individual EU country, according to their constitutional

rules (parliamentary vote, referendum, etc.).

3. Acceding country

Once the treaty is signed, however, the candidate becomes an acceding country. Thismeans it is expected to become a full EU member on the date laid down in the treaty,providing the treaty has been ratified. In the interim, it benefits from specialarrangements, such as being able to comment on draft EU proposals, communications,recommendations or init iatives, and “active observer status” on EU bodies and agencies.

1.4. The process for Western Balkans

The EU's relations with the Western Balkan countries take place within a special framework known asthe stabilisation and association process. It has 3 aims:

stabilising the countries politically and encouraging their swift transition to a marketeconomy

promoting regional cooperation eventual membership of the EU

A country is offered the prospect of membership (it becomes a potential candidate). This means it

should be offered official candidate status when it is ready. The process helps the countries concerned

build their capacity to adopt and implement EU law, as well as European and international standards. It

is based on an ever-closer partnership, with the EU offering a mixture of:

trade concessions economic and financial assistance assistance for reconstruction, development and stabilisation Stabilisation and association agreements – a far-reaching contractual relationship with

the EU, entailing mutual rights and obligations.

Each country moves step by step towards EU membership as it fulfils its commitments in the

stabilisation and association process. The Commission assesses progress made in annual progressreports published each Autumn.

1.5. Role of the civil societyCivil Society Civil society organisations – non-governmental groups allow citizens to take an active part in

setting the political agenda. For an aspiring EU member country, a vibrant civil society contributes to


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fulfilling the conditions for EU membership. In some countries wanting to join the EU, these groups may

not be as effective as necessary. Or the conditions for them to be able to enter into dialogue with the

public authorities may be lacking. Or the legislation on their establishment and activities may need

improvement. This means that citizens do not have sufficient influence on and ownership of the reforms

leading to enlargement.

So the EU:

promotes citizen participation in social and political life in candidate countries andpotential candidates

monitors the policies of candidate countries and potential candidates towards their civilsociety bodies

provides financial support from the IPA programmes, and especially the Civil Society

The Civil Society Facility (CSF) was established in 2008 to support the development of civil society

financially. It includes both national and multi-beneficiary initiatives which are programmed in a

coordinated manner to achieve shared outcomes. The CSF consists of three strands:

support for national and local civic initiatives and capacity-building to strengthen therole of civil society in the region

support for activities carried out in partnership between civil society organisations(CSOs) from across the region and from EU Member States in order to develop networksand promote transfer of knowledge and experience

a 'People-2-People' programme supporting visits to EU institutions and exchange ofexperience, know-how and good practice between local civil society, the EU and civil

society in Member States

The aim of the CSF is to support the development of a civil society which is participating actively in the

public debate on democracy, human rights, social inclusion and the rule of law, and has the capacity to

influence policy and decision making processes.

CSOs benefit from better national legal and financial frameworks and improved dialoguewith state institutions;

Networks of CSOs show greater commitment and capacity to give citizens a voice andinfluence public sector reform processes through analysis, monitoring and advocacy etc;

and Grass-roots organisations and civic initiatives have increased access to financialresources, in-kind contributions or expertise from established CSOs and CSO networks.

The CSF is complemented by a number of other policy and financial instruments which provide support

to civil society in candidate and potential candidates:

Dialogue between civil society in EU member states and candidate countries


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Supports dialogue between civil societies in candidate countries and EU Member Statesto enhance mutual understanding and cooperation.

EU Instrument for Democracy and Human Rights Support for the promotion of democracy and human rights through civil society in non-

EU countries.

Enlargement, however, is not an automatic process. One of the lessons that can be drawn from previous

enlargements is that citizens need to be better informed and prepared. It is necessary to involve citizens

to bring them closer to each other and help them learn about different cultures, political and economic

systems. In this way, the opportunities and the challenges of enlargement can be more fully understood.

The idea of a ‘civil society dialogue’ was first proposed by the European Commission in October 2004

and endorsed by the European Council on 17 December 2004:

“Parallel to accession negotiations, the Union will engage with every candidate state inan intensive political and cultural dialogue. With the aim of enhancing mutualunderstanding by bringing people together, this inclusive dialogue also will involve civilsociety.”

The objectives of civil society dialogue, which also embraces the Western Balkans, are to: strengthen

mutual exchange of experience between civil society in EU and the candidate countries; help bridge the

information gap; generate mutual knowledge and understanding; and ensure a stronger awareness of

the opportunities and challenges of future accessions.

1.6.

The main cooperation mechanisms between civil societyorganizations and EU

Civil society has an important role in policy drafting and implementation especially within the European

integration process. The importance of cooperation with the civil society has been highlighted with the

inclusion of article 11 of the Lisbon Treaty of the European Union which notes the importance of the civil

dialogue as well as the condition by the EU to Balkan countries to stimulate this dialogue so that the civil

society can exercise its role in this process and increase the democratic representation of the society.

The main cooperation mechanisms between civil society organizations and EU institutions are:Stabilization-Association Process Dialogue (SAPD), European Instrument for Democracy and Human

Rights (EIDHR), IPA – Instrument for Pre-Accession Assistance and the CSO contribution for the Progress

Report.


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• The main purpose of political and technical meetings within the Stabilization -Association process

Dialogue is to follow and monitor reforms and the process of approximation with the EU. Within the

political dialogue, CSO are invited to a meeting once a year which is held one day prior to the plenary

session, where they have the opportunity to present their assessment and their concerns relating to the

latest developments, based on their field of expertise, whereas EC representatives will officially raise

these questions and issues during the official plenary meeting between the EC and CSOs.

• European Instrument for Democracy and Human Rights (EIDHR) is the key instrument of the

European Commission to support the civil society.

• IPA - The Instrument for Pre-Accession Assistance (IPA) is an instrument of the European Council that

aims towards technical assistance for countries with a membership perspective. EU Offices consults

CSOs for description of projects through a Joint Monitoring Committee to ensure the best efficiency ofthe assistance and to avoid duplications. Also the civil society is consulted during the programming of

the Multi-annual Indicative Planning Document as well as the Annual assistance plans from the IPA, as

well as direct assistance for the civil society through IPA or EIDHR instrument.

• Progress report – European Offices invites CSOs for comments for the drafting of the Progress Report

where the civil society has the opportunity to directly provide inputs to the EU Office on their fields of

expertise.

The European Economic and Social Committee (EESC) has developed a dual approach, regional and

bilateral, for its relations with civil society organizations (CSOs) of the Western Balkans. Both are linked

by common global objectives, which are:

to contribute to the consolidation of democracy and the future accession to the EU; to foster both civil and social dialogue: by the development of a culture of dialogue between the authorities and the CSOs and

among the CSOs themselves; by the creation of transparent and efficient institutional frameworks for civil and social

dialogue; by promoting the setting-up of adequate legal environments for the activities of the

CSOs; n to strengthen civil society networks; n to increase exchange of experiences andbest practices

The EESC is also involved in the enlargement process of the EU through the establishment of Joint

Consultative Committees (JCCs). They complement the EU institutional framework related to each

Stabilisation and Association Agreement (SAA) signed between the EU and a country of the region and


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ratified. It allows civil society organisations from both EU and national sides to monitor the country’s

path towards EU accession once it has started its accession negotiations. It is a platform of dialogue for

civil society representatives to discuss issues of common interest.

1.7. The different levels of participationCSOs have a number of ways in which they could participate in the EU accession process. These include

preparation and/or implementation of EU funded projects, direct involvement in programming

processes on national level (e.g. as a member of working group, monitoring committee, evaluation

committee, partnership council etc.) and/or indirect involvement in programming processes on national

level in Croatia (e.g. participation in public consultation processes, at consultation meetings,

commenting documents, public hearings, information sharing etc.).

The involvement of CSOs in the different steps of the EU accession process varies based on the intensityof participation. There are four gradual levels of participation, from least to most participative. These

are: information; consultation; dialogue; and partnership. They may be applied at any step in the EU

accession process but they are often particularly relevant at certain points in the process.

Information

Access to information is the basis for all subsequent steps in the involvement of CSOs in the EU

accession. This is a relatively low level of participation which usually consists of a one-way provision of

information from the public authorities and no interaction or involvement with CSOs is required or

expected. Information is relevant for all steps in EU accession.

Consultation

This is a form of initiative where the public authorities ask CSOs for their opinion on a specific policy

topic or development. Consultation usually includes the authorities informing CSOs of current policy

developments and asking for comments, views and feed-back. The initiative and themes originate with

the public authorities, not with the CSOs. Consultation is relevant for all steps of the EU accessionprocess, especially for drafting, monitoring and reformulation.

Dialogue

The initiative for dialogue can be taken by either party and can be either broad or

collaborative. A broad dialogue is a two-way communication built on mutual interests and potentially


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shared objectives to ensure a regular exchange of views. It ranges from open public hearings to

specialised meetings between CSOs and public authorities.

A collaborative dialogue is built on mutual interests for a specific policy development. The collaborative

dialogue usually leads to a joint recommendation, strategy or legislation. Collaborative dialogue is moreempowered than the broad dialogue as it consists of joint, often frequent and regular, meetings to

develop core policy strategies and often leads to agreed outcomes.

Dialogue is highly valued at all steps in the political decision-making cycle, but is crucial for agenda

setting, drafting and reformulation.

Partnership

A partnership implies shared responsibilities in each step of the political decision-making process fromagenda setting, drafting, decision and implementation of policy initiatives. It is the highest form of

participation. At this level CSOs and the public authorities come together for a close cooperation while

ensuring that the CSOs continue to be independent and have the right to campaign and act irrespective

of a partnership situation. Partnership can include activities such as delegation of a specific task to an

CSO, for example delivery of services, as well as participatory forums and the establishment of co-

decision-making bodies, including for resource allocation. Partnership may take place at all steps of the

EU accession process and is particularly relevant at the agenda setting or implementation steps.


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2. European policy on gender equalityIt is useful to make a distinction among three ideal-typical approaches to gender issues in EU gender

equality policy: equal treatment, positive action, and mainstreaming.

Equal treatment implies that no individual should have fewer human rights or opportunities than any

other, and its application in the EU context has taken the form of the adoption of Article 119 on equal

pay for men and women, and the subsequent adoption of a series of Directives on equal pay and equal

treatment in the workplace; and it is these Directives which have been activated by women litigants in

the member states, and enforced by the European Court of Justice in the many equal-pay and equal-

treatment cases. Such an equal treatment approach is an essential element in any equal opportunities

policy. This approach is nevertheless flawed in focusing exclusively on the formal rights of women as

workers, and therefore fails to address the fundamental causes of sexual inequality in the informal

"gender contracts" among women and men.

In contrast to the equal treatment approach, the second approach is called positive action , in which the

emphasis shifts from equality of access to creating conditions more likely to result in equality of

outcome. More concretely, positive action involves the adoption of specific actions on behalf of women,

in order to overcome their unequal starting positions in a patriarchal society. At the extreme, positive

action may also take the form of positive discrimination, which seeks to increase the participation of

women (or other under-represented groups) through the use of affirmative-action preferences or

quotas. Since the 1980s, we can detect a gradual move in the European Union away from a narrow

equal-treatment perspective, and toward the adoption of specific, positive-action measures on behalf of

women. During the 1990s, this gradual acceptance of positive action has continued and indeed

accelerated, as a result of three major policy initiatives.

The adoption of the Maastricht Treaty, with its pillar devoted to Justice and Home Affairs issues, has

created the political space for a new and vigorous EU policy on violence against women, an area

previously off-limits to the economically oriented European Community. Taken together, these

initiatives, although admittedly tentative, have allowed the EU to undertake concrete action in areas

that fall well outside the narrow equal-treatment approach.

In terms of this classification of approaches to equal opportunities, the third and most promising

approach is gender mainstreaming . By contrast with the positive action approach, which generally


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involves the creation of a specific organizational unit (such as the Equal Opportunities Unit in the

Commission) and specific programmes for women (such as the four Action Programmes and their pilot

projects), the concept of gender mainstreaming calls for the systematic incorporation of gender issues

throughout all governmental institutions and policies. As defined by the Commission, which adopted a

formal commitment to gender mainstreaming in 1996, the term "involves not restricting efforts to

promote equality to the implementation of specific measures to help women, but mobilising all

generally policies and measures specifically for the purpose of achieving equality by actively and openly

taking into account at the planning stage their possible effects on the respective situations of men and

women (gender perspective)" (Commission of the European Communities 1996: 2, emphasis in original).

2.1. EU law - “Acquis Communautaire” The “Acquis Communautaire” is the accumulated body of European Union (EU) law and obligations from

1958 to the present day. It comprises all the EU's treaties and laws(directives, regulations, decisions),

declarations and resolutions, international agreements and the judgments of the Court of Justice. It also

includes action that EU governments take together in the Area of Freedom, Security and Justice and

under the Common Foreign and Security Policy. New EU Member States must accept all the existing

Acquis - some elements of it during a transitional period - and put in place mechanisms to adopt future

elements of the Acquis.

Acquis - Law of the European Union or the European Law covers:

The principles and political objectives of the Treaty Establishing the European Community;

Legislation that has been constituted for the implementation of the agreement and for thepractice of the European Court of Justice;

Declarations and resolutions of the EU;

Measures concerning the common foreign and security policy;

Measures covering justice and home affairs;

International agreements within the competence of the EU concluded among the communitiesand member states;

2.1.1. Legal primary sources

The primary sources of the European Law are created by the EU member states and they are aimed at

regulating mutual relations and regulating of EU itself, which in turn is established as a subject in the


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international law by concluding agreements with third countries and international organizations.

Primary sources of law consist of the following items:

Founding treaties

General principles of law

International treaties of the European Communities

Agreements (conventions) between the EU member states

2.1.2. Secondary sources of EU law

Secondary legal sources are laws of general application, developed by the EU institutions, within the

powers that are in correspondence with the founding treaties. Secondary legislation can not be contrary

to the founding treaties. It is consisted of:

Rules / regulations,

Guidelines / directives

Decisions,

Recommendations

Opinions

2.1.3. Regulations

They permeate mostly in the legal system of member states and automatically become constituent partof the legal system of the member states after they have been adopted at EU level. They are general

laws and they are obligatory. Their jurisdiction is spread throughout the EU territory and they have

identical effect as the laws that are enacted by the national parliaments. The rules have a validity for all

members, regardless of whether they have voted for their adoption, and they are valid for those who

are not competent to choose to apply the regulation or the rules partly or to choose sections that will be

applied, and which will not be applied, because in this way is prevented the effect of the regulations

which is contrary to the EU law. The members are also forbidden to confirm the regulations or their

validity. They are not allowed to adopt new rules, nor to have any practice that would prevent

application of the rules. Aspirant countries have the opportunity to introduce regulations in their legal

system with the introduction of regulations with the same or similar content.


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2.1.4. The Directives

Directives or guidelines are the legislative acts adopted at the EU level, which must be transferred into

national law of the member states. The directive aims at convergence of the laws, and not at complete

standardization of the laws governing the level of member states. The directive is reconciling the needs

to standardize the legislation inside the community, but on the other hand, to preserve the diversity of

legislative systems (legislation within the member states). These directives are obligatory for each

member state in terms of achieving specific aims, but the member states are allowed to choose the

form and manner as to implement the directives.

It is impor tant to note that the regulation which is introduced doesn’t have to interpret the provisions of

the directive literally, nor follow its structure, but it must clearly specifiy the rights and obligations of

citizens and it is necessary to create a framework that will guarantee the implementation and respect of

these rights. The more the unspecified directive is, the greater is the free space of the authorities of the

member states in the way of enforcement of rights. Operative provisions that describe the task that is

given to the member state must as accurately as possible transfer it into national regulations, with a

careful study in order to determine whether it is necessary to make complete adjustment or just

adaptation. Provisions that determine the task of the state serve as a guide in the implementation

process, but they also determine timeframe and directives for implementation.

2.2. The Application of EU lawsImmediate accepting EU regulations means that member states, as well as aspirant countries, recognize

the legal force of EU regulations, without their introduction in the domestic legal system, which

indicates recognition of immediate implementation. Indirect way of acceptance is that third countries

pass the content of the regulations in the internal legal order by adopting domestic regulations or by

taking other corresponding measures or actions, which in fact means the application of domestic

regulations or measures, and not directly of the measures and regulations existing in the EU legal

system.

Where there is any inconsistency between national law and EU law, the EU law has the advantage,

according to of the principle of supremacy of EU law. The basic rule is that the primary law and

secondary legislation are integral parts of the legal system of the member states and must be applied in

the national courts of the countries. General rule is that you cannot adopt nor maintain any local


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regulation that is contrary to the founding treaties, and the same applies to regulations adopted by EU

bodies, international treaties, or cases in the ECJ.

2.3. EU gender equality Acquis – from a formal to substantive equality

Since the establishment, the European Union stands for equality between men and women, and genderequality is positioned as one of the fundamental principles which is incorporated in all treaties for the

establishment of EU. The principle of gender equality has been improved through the decades of

existence of EU with a tendency to achieve greater clarity and effects, and the principle of gender

equality becomes the foundation of many legal acts, of which the most common are the directives. In EU

member states, gender equality is legally regulated differently, and with the adoption of various acts on

community level (EU), efforts are often made in order to regulate this issue in the most effective

manner. The frequency and consistency in establishing a coherent system of directives as legal

instruments is indicator of the EU's commitment of promotion and realization of the principles of gender

equality.

There are two basic forms of equality from a policy perspective of view, which are formal and

substantive, respectively. There are, moreover, the notions of formal equality in law and substantive

equality in practice. The notion of formal equality means from a legal perspective the recognition of the

presumed equality of men and women before the law. While, substantive equality refers to the

assessable equality between men and women in society moreover their statistically measurable equality

in practice.

We should note, that the notion of formal equality does not necessarily mean that a legal approach to

gender equality is always a formal approach. If the legal perspective recognizes de facto gender

inequality, then a formal perspective the legal approach recognizes substantive gender equality. Such is

the history of European law on gender equality: from the formal approach of equal treatment to legal

provisions on positive action.

The term ‘EU gender equality Acquis’ refers to all the relevant Treaty provisi ons, legislation and the case

law of the CJEU in relation to gender equality.

The Treaty of Rome in 1957 already included the principle of equal pay for equal work. (Article 119 EEC,

then 141 EC, now Article 157 TFEU). In 1976, the Court of Justice of the European Union (CJEU) decided


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in the Defrenne case that Article 119 EEC had not only an economic but also a social aim. This judgment

paved the way for modern European gender equality law.

With the entry into force of the Treaty of Amsterdam in 1999, the promotion of equality between men

and women became one of the essential tasks of the European Community (Article 2 EC). Since 1999,the EU has had the competence to take further action to combat discrimination based on gender (Article

13(1) EC, now 19(1) TFEU). This Article provided a legal basis for the Directive on the principle of equal

treatment between men and women in access to and the supply of goods and services (Directive

2004/113/EC).

EU gender equality is also an integral part of the Charter of Fundamental Rights of the European Union,

which prohibits discrimination on any grounds, including sex, (Article 21) and recognises the right to

gender equality in all areas and the necessity of positive action for its promotion (Article 23).

In 2009, the Treaty of Lisbon confirmed once again the importance of gender equality in the European

Union. Equality between men and women features amongst the common values on which the European

Union is founded (Article 2 TEU), which means, for instance, that it will be used as a yardstick for

determining whether a European state can be a candidate for accession. The promotion of equality

between men and women is also listed among the tasks of the Union (Article 3(3) TEU), together with

the obligation to eliminate inequalities. The Lisbon Treaty thus clearly reiterates the obligation of

ensuring gender equality for both the Union and the Member States.

The development of EU gender equality law and its transposition into national law has been a step-by-

step process, star ting, at least for the ‘oldest’ EU Member States, in the early sixties. In 1957, the Treaty

establishing the European Economic Community, which is the origin of the current EU, contained only

one single provision (Article 119 EEC Treaty, ex Article 141 EC Treaty, now Article 157 TFEU) on gender

discrimination, namely the principle of equal pay between men and women for equal work.

Since then, however, many directives have been adopted which prohibit discrimination on the grounds

of sex: the Directive on equal pay for men and women (75/117/EEC), the Directive on equal treatment

of men and women in employment (76/207/EEC, amended by Directive 2002/73/EC), the Directive on

equal treatment of men and women in statutory schemes of social security (79/7/EEC), the Directive on

equal treatment of men and women in occupational social security schemes (86/378/EEC, amended by

Directive 96/97/EC), the Directive on equal treatment of men and women engaged in an activity,

including agriculture, in a self-employed capacity (86/613/EEC, repealed by Directive 2010/41/EU), the


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Pregnant Workers’ Directive (92/85/EEC), the Parental Leave Directive (96/34/EEC, repealed by Directive

2010/18/EU), the Directive on equal treatment of men and women in the access to and the supply of

goods and services (2004/113/EC) and, finally, the so-called Recast Directive (2006/54/EC).

The central concepts of EU gender equality law are laid down in the respective directives and are oftenthe subject of further interpretation by the CJEU.

– Direct discrimination occurs ‘(…) where one person is treated less favourably on grounds of sex than

another is, has been or would be treated in a comparable situation.’ As a rule, direct discrimination is

prohibited, unless a specific written exception applies, such as that the sex of the person concerned is a

determining factor for the job, for example a male character in a film has to be a man.

– Indirect discrimination occurs ‘(…) where an apparently neutral provision, criterion or practice would

put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that

provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving

that aim are appropriate and necessary.’ Indirect discrim ination is very much concerned with the effects

of a certain treatment and takes into account everyday social realities. For instance, less favourable

treatment of part-time workers will often amount to indirect discrimination against women as long as

women are mainly employed on part-time terms. Unlike in the case of direct discrimination, the

possibilities for justification are much broader.

– The concept of positive action is defined in EU law as follows: ‘With a view to ensuring full equality in

practice between men and women in working life, the principle of equal treatment shall not prevent any

Member State from maintaining or adopting measures providing for specific advantages in order to

make it easier for the underrepresented sex to pursue a vocational activity or prevent or compensate for

disadvantages in professional careers.’ Like indirect discrimination, positive action also takes into

account everyday social realities but it goes much further, in the sense that it may require further steps

to be taken in order to realise true, genuine equality in social conditions. The provisions permitted as

positive action measures aim at eliminating or counteracting the detrimental effects on women in

employment or in seeking employment which arise from existing attitudes, behaviour and structures

based on the idea of a traditional division of roles in society between men and women. Similarly, they

should help to fight stereotypes. As an example of positive action the following can be mentioned: the

preferential treatment of female employees in the allocation of nursery places when the number of


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places, due to financial constraints, is rather limited or – even more far- reaching and controversial –

female quotas in recruitment and promotion.

2.4. Key EU directives in gender equality are

Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the MemberStates relating to the application of the principle of equal pay for men and women OJ L 45 of 19

February 1975, p. 19-20.

Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal

treatment for men and women as regards access to employment, vocational training and promotion,

and working conditions OJ L 39 of 14 February 1976, p. 40-42.

– Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle

of equal treatment for men and women in matters of social security OJ L 6 of 10 January 1979, p. 24-25.

– Council Directive of 24 July 1986 on the implementation of the principle of equal treatment for men

and women in occupational social security schemes (86/378/EEC) OJ L 225 of 12 August 1986, p. 40-43.

– Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal

treatment between men and women engaged in an activity, including agriculture, in a self-employed

capacity, and on the protection of self-employed women during pregnancy and motherhood OJ L 359 of

19 December 1986, p. 56-58.

– Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage

improvements in the safety and health at work of pregnant workers and workers who have recently

given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of

Directive 89/391/EEC) OJ L 348 of 28 November 1992, p. 1-8.

– Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded

by UNICE, CEEP and the ETUC OJ L 145 of 19 June 1996, p. 4-9.

– Council Directive 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the

implementation of the principle of equal treatment for men and women in occupational social security

schemes OJ L 46 of 17 February 1997, p. 20-24.


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– Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending

Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and

women as regards access to employment, vocational training and promotion, and working conditions OJ

L 269 of 5 October 2002, p. 15-20.

– Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment

between men and women in the access to and supply of goods and services OJ L 373 of 21 December

2004, p. 37-43.

– Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the

implementation of the principle of equal opportunities and equal treatment of men and women in

matters of employment and occupation (recast) OJ L 204 of 26 July 2006, p. 23-36.

– Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on

parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive

96/34/EC OJ L 68 of 18 March 2010, p. 13-20.

– Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application

of the principle of equal treatment between men and women engaged in an activity in a self-employed

capacity and repealing Council Directive 86/613/EEC OJ L 180 of 15 July 2010, p. 1-6.

Recast Directive 2006/54/EC The directive covers the following three principles: equal pay, equal

treatment in occupational social security schemes, equal treatment in access to employment, vocational

training and promotion and in working conditions. It also improves procedures to make application of

the principles more effective, and provides harmonised definitions of key terms - "discrimination"

(direct and indirect), "harassment", "sexual harassment", "pay" and "occupational social security

schemes". The directive incorporates some well-established case law of the European Court of Justice:

criteria for categorising statutory and occupational pension schemes in relation to pension schemes for

public servants; the principle of equal treatment in occupational social security schemes now also covers

pension schemes for a particular category of workers, e.g. public servants; the cross-cutting rules on the

burden of proof and on access to employment, vocational training and working conditions now also

cover occupational social security schemes.

The new directive Recast Directive 2006/54/EC replaces (and repeals) the following directives: Directive

75/117/EEC on equal pay Directive 76/207/EEC (amended by 2002/73/EC) on equal treatment for men


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and women as regards access to employment, vocational training and promotion, and working

conditions Directive 86/378/EC on the implementation of the principle of equal treatment for men and

women in occupational social security schemes (amended by the directive 96/97/EC on occupational

social security schemes) Directive 97/80/EC (amended by 98/52/EC) on the burden of proof in cases of

sex discrimination (amended by the Directive of 1998)

In 2010, the Commission identified 'equality in decision making' as one of the priorities of the Women's

Charter and of its Strategy for Equality between Women and Men 2010-2015. In March 2012,

the Commission took stock of the situation and found only an average improvement of just 0.6

percentage points over the past years. The European Parliament called for legislation in its resolutions

of 6 July 2011 and 13 March 2012 on equality between women and men in business leadership in the

European Union. After holding a public consultation inviting the public – individual businesses, social

partners, interested NGOs and citizens – to comment on what kind of measures the EU should take in

this field, the European Commission presented its proposal in November 2012.

The Commission proposed a Directive setting a 40% objective of the under-represented sex in non-

executive board-member positions in publicly listed companies, with the exception of small and medium

enterprises (IP/12/1205 and MEMO/12/860). The Directive is not about a strict quota, it would oblige

Member States to establish a process that leads to better gender balance and ensures that qualification,

competence and professional performance play the key role during the board members' selection

process. The proposal was backed by the European Parliament’s Committees on Legal Affairs (JURI) and

Women’s Righ ts & Gender Equality (FEMM) (IP/13/943) and with an overwhelming majority by the

European Parliament in November 2013 (IP/13/1118). The Directive must now be agreed in Council by

EU Ministers to become law.

2.5. Toward dual approach of European gender equality policyEqual treatment laws are effective in combating overt discrimination but are not enough to ensure

equality. Their starting point is that women and men should be treated the same. But as women and

men do not start from the same position, equal treatment does not always lead to equal outcomes.

Seemingly neutral policies can have biased results.

Recognizing the shortcomings of equal treatment legislation when it comes to tackling inequalities

between women and men, the EU co-financed specific actions for women especially in training and

labour market activities through the ESF. The EU also adopted a series of recommendations and codes


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of good practice in areas such as education and training; childcare; combating sexual harassment;

positive action; discri mination in the media; and improving women’s access to decision -making positions

by “Action Programmes on equal opportunities”. But specific actions in favour of women also proved

only to be a partial solution. They prepared women for operating in a male-dominated culture but did

not challenge the structures and the culture of organizations, institutions or companies or seek

underlying causes and solutions.

This led to a new strategy – gender mainstreaming – which shifted the focus to systems and structures

themselves, to the relationship between women and men, and to their individual needs. This approach

gained worldwide acceptance at the UN’s Fourth World Conference on Women in Beijing, 1995. Gender

mainstreaming recognizes that existing structures are not gender-neutral. The result of this is that

apparently gender-neutral policies can in fact reinforce gendered divisions and inequality between

women and men.

The European Commission follows the dual approach by both implementing gender mainstreaming and

initiating specific measures. Gender mainstreaming is the integration of a gender equality perspective

into every stage of policy process - design, implementation, monitoring and evaluation - with a view to

promoting equality between women and men. It means assessing how policies impact on women and

men, and taking steps to change policies if necessary. The aim is to make gender equality a reality and to

improve policy-making by bringing it closer to citizens' needs.

As part of the process, statistics, indicators and benchmarks are used to monitor progress in

implementing the gender dimension in different policy fields, from employment to health, from

research to education, to name just a few. In addition to the gender mainstreaming approach, the EU

has used a wide variety of specific measures , such as legislation, awareness-raising campaigns or

financial programmes. The aim of these measures is to tackle specific problems such as the gender pay

gap or the persistent underrepresentation of women, particularly in the field of employment.

2.6. Positive action measuresThe second cornerstone of the EU to achieve gender equality is through positive action measures. This

concept of positive action measures must not be misunderstood as an equivalent to the concept of

positive discrimination, affirmative action or reverse discrimination. Positive discrimination can be

defined as an extreme form of positive action, which seeks to increase the participation of women by

means of preferential treatment, for example though the use of quotas. Positive discrimination


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emphasizes a shift in contrary to positive action, from equality of access to the creation of preferential

treatment for women, which is more likely to result in substantive equality as an outcome. Another

extreme form of positive action measures are affirmative actions, which include a vast range of

measures, and allow for the infringement of the principle of equality. In sum, those measures are more

result-oriented than positive action measures, in order to achieve substantial equality. Positive

discrimination and affirmative action, just like positive action measures, were created in order to benefit

an underrepresented group, justified as countering the effects of past discrimination for example

through quotas regarding guaranteed employment in certain fields or in universities.

A positive action is an active promotion to support minority groups which are in general weaker position

than the dominant group in society. Therefore, involve positive actions the adoption of specific

measures on behalf of the disadvantaged group, in order to overcome their unequal position in society,

such as system of quotas. Starting in the early 1970s, the member states recognized the need for a more

coherent model on gender equality reaching further than sole non-discrimination measures. Hence, the

invention of positive intervention beyond the scope of the labour market resulted in the first Equal

treatment Directive 76/207/EEC, laying down in article 2.4 the first possible provision for EU legislation

in the field of gender based positive actions.

Positive action measures in the EU are constrained mechanisms and can only be used if the legal

framework allows for its. However, in contrast to the affirmative action model is the European positive

action approach striving towards the achievement of gender equality without placing the dominant

group in a worsen position.

Important to note is the shift from the prior formal equality rights approach through the principle of

equal treatment towards a model of substantive positive action measures. This changed approach is

determined by the policy concept of gender mainstreaming which has been shifting the perspective of

the gender equality agenda in the EU. The former formal legal approach is gradually combined and

shifting towards a substantive positive action model changing the equality approach throughout the

European Union. In the past foremost equality and non-discrimination was pursued through the equality

of access. Nowadays, there has been a shift towards fundamental conditions, which are more likely to

achieve the goal of gender equality designed to promote and benefit the disadvantaged group.

The ECJ as well as the Human Rights Committee have confirmed that positive action policies are

compatible with international human rights law. Positive action measures seek, in general, discriminate


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the dominant group, but to equalize the standing for the poorer group to that of the dominating. The

principle of positive action does not seek to give the “minority” a better legal or societal position,

compared to that of the dominant group but to achieve an adjustment of rights, to equalize these

groups.

2.7. Gender mainstreamingGender mainstreaming is the systematic policy approach on the European Community equality agenda.

The concept was defined at the Beijing Conference in 1995, and has since than been taken on by the EU

as its policy concept and as an end to achieve gender equality. Gender mainstreaming was firstly defined

in 1995 at the Fourth World Women Conference in Beijing. Furthermore, the Beijing Declaration was

drafted and therefrom onwards broadly committing the international community to a systematic

incorporation of a gender perspective into public policy making. In accordance with this is the third

approach of the EU to achieve gender equality through the concept of gender mainstreaming as policy

instrument and policy end. This concepts seeks to incorporate gender sensitive practices throughout all

governmental institutions and policies (Hafner-Burton & Pollack, 2009, p. 434).

Since the UN conference, gender mainstreaming has been adopted by the EU as the basis for its gender

policy, which has become more wide-ranging since the Treaty of Amsterdam (1997) (Walby, 2004, p.

454). The European Commission in 1996 adopted a formal commitment and defined gender

mainstreaming as, “*t+he systematic integration of respective situations, priorities and needs of women

and men in all policies and with a view of promoting equality *…+ implementing, monitoring and

evaluation” (European Commission, 2001). In connection with this, the European Commission launched

the Fourth Action Program on equal opportunities for women and men in 1996 (Pollack &Hafner-

Burton, 2000, p. 434). Followed by the fifth Action Program on Equal opportunities (2001-2006)23 and

the roadmap for equality between women and men (2006-2010), six priority areas for gender equality

were identified. Namely, equal economic independence for women and men, the reconciliation of

private and professional life, equal representation in decision-making, the eradication of all forms of

gender-based violence, the elimination of gender stereotypes and the promotion of gender equality in

third world countries.

As defined by the Commission, which adopted a formal commitment to gender mainstreaming in 1996,

the term involves:


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The systematic integration of the respective situations, priorities and needs of women and men in all

policies and with a view to promoting equality between women and men and mobilizing all general

policies and measures specifically for the purpose of achieving equality by actively and openly taking

into account, at the planning stage, their effects on the respective situation of women and men in

implementation, monitoring and evaluation. (Commission of the European Communities)

In 1997, the Treaty of Amsterdam confirmed the importance of promoting gender equality and

formalized the commitment to gender mainstreaming

According to Article 2 of the Treaty, gender mainstreaming is one of the fundamental tasks to be actively

promoted by the Community;

Article 3 lays down the principle of gender mainstreaming by stating that in all its activities the

Community shall aim to eliminate inequalities and to promote the equality of women and men;

Article 13 provides for pro-active measures to combat discrimination based on sex, racial or ethnic

origin, religion or belief, disability, age or sexual orientation;

Articles 137 and 141 refer to gender equality in relation to the labour market. They stipulate equal

opportunities and equal treatment at work and that each Member State shall ensure that the principle

of equal pay for male and female workers for equal work or work of equal value is applied.

Over recent years a variety of manuals ‘how to gender mainstream’ have been developed, often

focusing at specific areas and/or directed at certain target groups. Based on the literature and taking the

specific area and stakeholders into account, a checklist for gender mainstreaming policies, consisting of

four steps

Step 1: Getting organized

Implementation and organization, and building awareness and ownership may be regarded as important

preconditions of successful gender mainstreaming. Implementation and organization of gender

mainstreaming refers to the process of providing a structural and cultural basis for equal opportunities.

This includes formulation of objectives and targets, making a plan, drawing up a budget and defining

responsibilities and accountability of the different actors involved. With regard to the budget, sufficient

resources for implementation need to be made available. Moreover, the use of special (external)

expertise might be considered. In addition, gender mainstreaming implies that all stakeholders involved


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in gender policy should take equal opportunities of men and women into account. In order to create a

certain degree of gender awareness and expertise, training is essential. In addition, stakeholders should

consider gender mainstreaming as part of their tasks and responsibilities. It is therefore important ‘to

build ownership’ but different strategies may be adopted. In some cases all the team may be expected

to take ‘ownership’ but where a wareness levels are low it may be necessary initially to have a

nominated person with specific knowledge and awareness within the policy making team or unit.

Step 2: Learning about gender differences

A next step in the process of gender mainstreaming is the collection of relevant data on the position of

women and men. A description of the actual situation is essential in order to assess actual gender

(in)equality and to prioritise areas for attention. In addition, monitoring of the situation over time

provides information on the trends in gender (in)equality. The European Commission has identified in

1998 four dimensions to the assessment of gender inequality: participation, resources, norms and

values and rights. It is important to consider the initial situation from a dynamic and not solely a static

perspective.

Participation

Participation refers to the gender composition of the target group/population of the policy and implies

the need to gather basic information such as the share of men and women in unemployment, among

the disabled or among those with flexible contracts. Where policy measures specify particular groups of

vulnerable persons, the possible differential impact on men and women should also be taken into

account. Over recent years considerable progress has been made in improving the availability of gender

segregated statistics, a development which facilitates this first step. Though statistics seem

straightforward, it is also important to take measurement issues into account. For example,

unemployment may be measured in several ways. Depending on the method, gender differences might

vary from rather low to quite high.

Resources

Gender differences may also occur regarding the access to/distribution of resources such as time, space,

information and money, political and economic power, qualifications, transport, use of public services

etc. In particular the unequal division of care responsibilities has a major impact on the distribution of

resources. For example, with respect to active labour market policies, the fact that women bear the

main responsibility for raising children should be taken into account. Availability of childcare is,


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therefore, very important to enable, in particular, women to be participants in the programmes. In the

field of reconciliation policies a relevant issue is whether leave arrangements are paid or unpaid.

Women are also more likely to be concentrated in the area of the labour market most influenced by

national minimum wages and are therefore disproportionately affected by decisions to raise the

national minimum by more or by less than the average rate of growth in earnings.

Norms and values

Norms and values influence gender roles and the gender division of labour, and the attitudes and

behaviour of women and men. They also account in part for the inequalities in the value attached to

men and women or to masculine and feminine characteristics. It is essential to identify the role of policy

measures in reinforcing social norms and values that maintain gender inequality. Tax and benefit

policies are, for example, often based on the principle of a male breadwinner household model. The

move towards more individualized models may, regardless of the impact on participation rates, have an

important symbolic value. Along the same line, policy focusing on a more equal sharing of paid and

unpaid work – with men explicitly in a role of carer – might also contribute to a more equal set of norms

and values.

Rights

Rights pertain to direct or indirect sex discrimination, human rights, and access to justice in the legal,

political or socio-economic environment. For example, are active labourmarket schemes open to the

inactive (returners, not just benefit claimants) as well as to the unemployed who are entitled to

benefits? If not then women may be less able than men to claim support for re-entering employment. In

this respect it should also taken into account that even where women have formal rights on the same

basis as men, lack of facilities may restrict women’s ability to exercise t heir rights to take up these

opportunities. Similarly formal rights for men to participate in reconciliation measures will not

necessarily be sufficient to promote gender equality in care work.

Step 3: Assessing the policy impact

The third step requires an assessment of the potential gender impact of the policy with reference to

participation, resources, norms and values and rights. An important issue regarding participation is that

both quantitative as well as qualitative aspects should be taken into account. For example, programmes

to create jobs may in particular concern women. This may be assessed as positive from a gender

equality point of view. When, however, the job quality is problematic (e.g. in terms of working hours


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and pay), such programmes might reinforce gender inequality. With respect to access to resources, it is

critical to take into account not only the impact on household resources but also the impact on

individual resources. On the level of social norms and values, reconciliation policies should address

men’s involvement in domestic labour. If only women make use of reconciliation policies the traditional

unequal division of unpaid work between men and women will be reinforced, thereby potentially

reinforcing social norms in this respect. With regard to rights it is relevant to include the right to care as

well as to undertake employment. When assessing the impact of policy, it may be important to

differentiate between particular groups of men and women such as ethnic minority groups, parents

versus the childless, age groups, educational groups, regional groups etc. While measures to increase

the participation rate might, for example, be effective for women from the dominant group, women

from ethnic minority groups may require specific measures. In addition, a sound policy assessment

should include indirect effects. Changes to gender relations outside as well as inside work may be one ofthe indirect effects to be looked for. A strong focus on part-time work could, for example, have the long

term effect of reinforcing gender divisions of labour both in and outside work as women become more

concentrated in sectors offering flexible employment. This example also illustrates the importance of

distinguishing between short-term and long-term effects.

Step 4: Redesigning policy

Where the policy is assessed to have a negative impact on gender equality or to be broadly gender

neutral, it is essential to identify ways in which the policy could be redesigned to promote genderequality. The need for redesign is particularly strong where initial gender differences are high and have

major impacts on women’s life chances. Redesign does not necessarily imply fundamental changes. For

example, regarding active labour market policies a rather simple but effective measure is to extend

eligibility to all inactives. Providing facilities to support working parents also seems not too complicated.

Other areas may be more complex. For example, reducing vertical and horizontal segregation calls for

more extensive policies. Redesign may also require a multi-pronged approach involving more that one

policy area or department. For example the public employment service may need to cooperate actively

with the department responsible for the provision of childcare if women seeking employment are to

have access to childcare to facilitate job search. Gender mainstreaming calls for a more joined up

approach to policy design where employment policy is not developed in isolation from welfare provision

and childcare services on the one hand or tax and benefit policies on the other hand.


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The concept Gender mainstreaming is not : • A Women only issue • It is not just about improving access

or of balancing the statistics • About having well written statements • About blaming anybody for the

inequalities which exist • About only women taking action • About only women benefiting from it •

About stopping or replacing gender specific policies and projects targeted at either women or men

Reminder

Gender mainstreaming: • Is about reducing poverty, boosting economic growth and strengthening

citizenship • Is a pro -active process designed to tackle inequalities which can and do discriminate against

either sex • Targets major economic and social policies that deliver major resources • Makes good

economic sense ensuring that women as well as men are active, using 100% of the productive labour

force • Represents a further step in the search for equality • Recognises that gender is one of the most

fundamental organising feature s in society and affects our lives from the moment we are born •

Presupposes a recognition of male and female identities • Recognises that differences exist in men’s and

women’s lives and therefore our needs, experiences and priorities are different • Invo lves a willingness

to establish a balanced distribution of responsibilities between women and men • Needs determined

political action and support with clear indicators and targets • Will not happen overnight, it is a

continuous process

Gender mainstreaming means : • That differences between women and men may never be used as a

ground for discrimination • A radical rethink of the way labour markets work and their impact on

women’s and men’s employment • Long -lasting changes in society, transforming parental roles, family

structures, and the organisation of work, time and even institutional practices • Reshaping the

mainstream rather than adding activities for women at the margins • A partnership between women

and men to ensure both participate fully in society ’s development and benefit equally from society’s

resources • Responding to the root causes of inequality and putting remedial action in place • Ensuring

that initiatives not only respond to gender differences but seek to reduce gender inequality • Asking the

right question to see where limited resources should be best diverted • More attention to men and their

role in creating a more equal society

Gender mainstreaming covers : • policy design • decision -making • access to resources • procedures

and practic es • methodology • implementation • monitoring and evaluation


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3. About European Commission progress report

3.1. How the report is preparedProgress reports are issued by the European Commission for each country of the Western Balkans

involved in the in EU accession process. These reports describe relations between countries of the

Western Balkan and those of the European Union. Usually the European Commission issues these

reports in autumn of every year. The reports are a yearly reflection of the achievements, delays and

challenges in the reforms that stem from the Copenhagen criteria, meaning political, economic and

European standards. Through the progress report, a review is done for countries that aim for EU

membership regarding the implementation of European standards which means approximation of its

legislation and policies with those of the Acquis Communautaire of the EU. Progress for each Balkancountry is measure based on decisions taken, approved legislation and implementation of measures. To

ensure equal access treatment, laws or measures that are under preparation or are awaiting any type of

approval are not taken under consideration. This approach shows an equal treatment and objective

assessment for all the countries. The Progress reports are written for each country of the Western

Balkans and have the same structure. The reports analyze the political situation of these countries

relating to fields such as: the functioning of institutions, democracy, rule of law, human rights,

protection of minorities, regional issues, economic, financial reforms and those of sectorial fields of the

EU.

The European future of these countries is decided on the basis of the progress made and recognized in

the reports. That is the basis for any recommendation made by the Commission for further deepening of

the relations with the aspirant country. Thus, the process of data collection by the EU Commission is

more than important for the final quality and relevance of the EC assessment.

The preparation process of the progress report is continuous process, and takes place during the whole

year. All relevant issues covered by the Stabilization and Association Agreement (SAA), and the priorities

set by the European Partnership are scrutinized by the EC through its different methods and

approaches, framed by the Copenhagen criteria. The general picture of the preparation process of the

progress report is important. The process is conducted at two levels:


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- At a “higher level” where the communication and the data collection is done i n Brussels, directly by the

representatives of the European Commission

- At a “local level” where the process is conducted by the EC delegation in each of the candidate or

potential candidate countries.

At the Brussels level, the process is conducted through the institutional structure established by the SAA

(for the countries, where SAA has entered into force). Within an SA Council, is being established that

meets once a year at ministerial level. As an operative body a Stabilization and Association (SA)

Committee is being established, that more concretely and directly follows the implementation of the

SAA obligations. Seven subcommittees exist within the SA Committee in which the dialog between EU

and the aspirant country is lead at a technical level. Beside information gathered through this structure,

EC is supplied with additional information and data through “alternative channels”.

In this regard, an important source of information is the series of consultation meetings with various

important international organizations. For this purpose, a list of relevant international organizations that

are to be consulted at the highest level in Brussels is defined. Additional information at this level, the EC

gathers through reports, analysis or written information provided only for this purpose, by international

organizations (for example reports by the World Bank, information from the Open Society Institute’s

Brussels office, International Organization for Migrations’ Brussels office and so on). An EU policy

document that defines the selection criteria of the consulted international organizations does not exist.

However, all international organizations that have desks in the aspirant country are consulted, if their

scope of work is of interest for the progress report.

The process at local level is conducted by the EC Delegation in the aspirant countries. The monitoring

and assessment process is done during the whole year, and several methods are used for data

collection. A great part of the information is received by government reports send to the Delegation.

Furthermore, consultative meetings with international organizations at local level, important non-

government organizations, as well as meetings with relevant stakeholders provide additional

information in the preparation of the progress reports. Finally, the EC Delegation gathers very

important, first-hand information, from the EU funded projects implemented in the country in question.


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3.2. The structure of progress reportIn order to serve the wider integration process goals, pre-accession assessments are aimed at reflecting

candidate countries’ actual (measureable or recognisable) progress, as it provides a logical basis for

assistance and creates competition for further progress. The assumption that objective evaluation is

regarded as necessary is supported by the Commission’s statement, “Progress is measured on the basis

of decisions taken, legislation adopted and measures implemented. This approach ensures equal

treatment across all reports and permits an objectiv e assessment” (European Commission 2006b: 5).

The Copenhagen Criteria form three general areas of evaluation. The first group of criteria covers

Political criteria: Democracy Public administration reform Rule of law Human rights and the protection

of minorities Regional issues and international obligations; Economic criteria: The existence of a

functioning market economy The capacity to cope with competitive pressure and market forces within

the Union The third group of criteria covers the administrative ability of the harmonisation of EU laws

and the ability to take further membership obligations

As the Copenhagen Criteria themselves are too general to be measured quantitatively, in practice, these

are replaced by a modified list of criteria that is best represented in Progress Reports. Progress Report

chapters include both the criteria, which have a direct connection to pre-accession (Copenhagen

Criteria), and numerous sub-areas, which have a questionable connection with the original criteria:

budgetary control, security and defence policy, public procurement, human rights, employment and

social policy, etc. Most of the non-Copenhagen Criteria are fitted into a third part of the Progress Report

(under the chapter ‘Ability to harmonise and adapt EU laws and obligations of membership’).

The main evaluative categories of the European Commission are: ‘the country has achieved success’,

‘the country is developing’, ‘the country has several challenges’, ‘limited progress’, ‘reforms need to be

faster.

From 2015, the new format of reporting includes new evaluative categories. In the introduction of each

chapter, an assessment of all developments that have taken place in the last year was produced within

the framework of alignment with EU acquis. In these assessments, the level of progress was categorized

as “good progress,” “some progress,” “no progress” and “backsliding,” while the level of alignment with

EU acquis was summarized into five categories: “Early stage,” “moderately prepared,” “some level of

preparation, ” “good level of preparation” and “well advanced.” Another notable difference between the

new generation and the previous progress reports was the fact the major steps which candidate


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countries need to take towards membership were spelled out. With such specific recommendations

addressed towards candidate countries, the commission has in a way given candidates an annual

“homework” assignment that needs to be accomplished.

3.3. Where is the gender in the progress report?The Regular Reports assessed progress made by applicant states in adopting and implementing the

acquis on equality between men and women, in accordance with the administrative Copenhagen

criterion. The Regular Reports monitor compliance with European gender equality policy, under the

political Copenhagen criterion concerning ‘stability of institutions guaranteeing democracy the rule of

law, human rights and respect for and protection of minorities’. The Commission had considerable room

for manoeuvre in determining the precise meaning and scope of compliance with political conditionality.

It usually highlighted a wide range of issues not covered in the relatively narrow EC acquis on gender

equality: the ratication and implementation of relevant international obligations, such as those

stipulated in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

and in the European Convention on Human Rights (ECHR); measures against trafficking in human beings,

including women and children; or developments in the representation of women in politics.

Under the chapter ‘Ability to harmonise and adapt EU laws and obligations of membership’, is assessed

progress made by applicant states in adopting and implementing the acquis on equality between men

and women, in the several subchapters: Chapter 19: Social policy and employment; Chapter 23:

Judiciary and fundamental rights; Chapter 24: Justice, freedom and security.

Gender equality basically stretches across the three main domains that play a role in EU accession:

political criteria, economic criteria and the adoption of the acquis communautaire The EU considers

these as inevitably linked: economic criteria cover labour laws, equal pay and non-discrimination;

political criteria cover political representation of women and the acquis, supporting human rights,

covers domestic violence. For example, the implementation of the principle that men and women

should receive equal pay contained in Article 119 of the Treaty is an integral part of the establishment

and functioning of the common market (Directive 75/117/EEC). Likewise, equal participation of women

and men in all aspects of society is crucial for lasting growth and democracy, and symbolises a society’s

level of political maturity (EC EQUAL Guide on Gender Mainstreaming, 2005).

Different provisions of the gender acquis are reflected in the accession negotiations. Chapter 19 on

social policy and employment requires minimum standards on equality and anti-discrimination, while


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Chapter 23 on judiciary and fundamental rights states that future membes must ensure respect for

fundamental rights and citizens’ rights, as guaranteed by the acquis and by the Fundamental Rights

Charter. Chapter 24 on justice, freedom and security is also of great importance for gender equality as it

ensures adequate legal implementation of common rules and effective law enforcement agencies.


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Gender thematic areas in the Progress Reports

Chapters Themes Basis from the Acquis Other

1. Political criteria

1.4. Human rights andthe protection of minorities

Women’s rights; gender equality; therepresentation of women in politics;trafficking in human beings, including

women and children; or developmentsin

Primary EU law; Internationali

Documents

Priracnik Draft 2